The Position on Disagreement in Fatwas and the Question of the Layperson
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Question:
Many of the jurisprudential issues that arise in the public sphere, we see pessimism and divergence in the rulings regarding them. What is your comment, Honorable Shaykh? May Allah reward you.
Answer:
As we mentioned in the first answer, when there is disagreement, we return to the evidence; we return to the straight path, to the Book and the Sunnah. We adopt what agrees with the Book and the Sunnah from the statements of the scholars, and we leave what contradicts the Book and the Sunnah. We consider its holder a mujtahid who erred; we consider him a mujtahid who erred in his ijtihad. He sought the truth but erred. However, it is obligatory for us to follow what the evidence indicates. This is the obligation. This is for the student of knowledge who knows the evidence and understands it. As for the layperson, he asks the scholars of knowledge; he asks one of the scholars of knowledge, one in whom he trusts their knowledge and religion. He asks one person and follows his statement and fatwa. It is not permissible for him to ask this one and that one and another, for he will become confused. If he asks one in whom he trusts their knowledge and religion, or asks one who has been appointed for fatwa, and he is a reference for fatwa, then he has lightened his burden thereby, and praise be to Allah. Yes.
The presenter:
May Allah reward you,
Many of the jurisprudential issues that arise in the public sphere, we see pessimism and divergence in the rulings regarding them. What is your comment, Honorable Shaykh? May Allah reward you.
Answer:
As we mentioned in the first answer, when there is disagreement, we return to the evidence; we return to the straight path, to the Book and the Sunnah. We adopt what agrees with the Book and the Sunnah from the statements of the scholars, and we leave what contradicts the Book and the Sunnah. We consider its holder a mujtahid who erred; we consider him a mujtahid who erred in his ijtihad. He sought the truth but erred. However, it is obligatory for us to follow what the evidence indicates. This is the obligation. This is for the student of knowledge who knows the evidence and understands it. As for the layperson, he asks the scholars of knowledge; he asks one of the scholars of knowledge, one in whom he trusts their knowledge and religion. He asks one person and follows his statement and fatwa. It is not permissible for him to ask this one and that one and another, for he will become confused. If he asks one in whom he trusts their knowledge and religion, or asks one who has been appointed for fatwa, and he is a reference for fatwa, then he has lightened his burden thereby, and praise be to Allah. Yes.
The presenter:
May Allah reward you,
Source
قناة «العلامة الدكتور صالح الفوزان»، محاضرات في العقيدة والدعوة-103-واجب المسلم تجاه الأفكار والآراء المضللة|صالح الفوزان|كبار العلماء — youtube.com (27:31)
The Arabic text is a machine transcription of the audio recording.